Sources of Law

Chapter 1.2

Sources of Law

5 main sources of law are:•Federal & state constitutions•English Common Law•Statutes•Court decisions•Administrative Law

Sources of Law

Constitution

A country’s document which spells out

the principles by which the government

operates.

The U.S. Constitution has 3 main parts:•The Preamble•The Articles•Amendments

Sources of Law

Constitution

A country’s document which spells out

the principles by which the government

operates.

The U.S. Constitution has 3 main parts:•The Preamble•The Articles•Amendments

Sources of Law

ARTICLE ILegislative Branch

Makes Laws

ARTICLE IIExecutive Branch

Enforces Laws

ARTICLE IIIJudicial BranchInterprets Laws

ARTICLE IVStates Rights

ARTICLES V-VIIOutline the Amendment process, National Supremacy & Ratification

Sources of LawSource #2

English Common Law

Developed by Kings to centralize English government and used since 1189.

Judges traveled the country judging decisions based on local customs

Judges shared decisions with other judges to make rulings “in common” with each other

Used in all states except Louisiana

Precedent - Doctrine stating that a judge is required to follow an earlier court decision when deciding a case with similar circumstances.

Sources of LawSource #2

English Common Law

What forms of precedent do your parents enforce at home?

Is precedent fair?

Precedent - Doctrine stating that a judge is required to follow an earlier court decision when deciding a case with similar circumstances.

Sources of LawSource #3Statutes

Statute - laws specifically passed by a governing body

-Can order people to do something-Ex: Pay taxes

-Can prevent people from doing something-Ex: Discrimination

Federal Statutes - laws passed by the U.S. CongressState Statutes - Laws passed by state governments (State Congress, Assembly,etc)

Sources of LawSource #3Statutes

Remember: The Supreme Court can declare any statute that violates the Constitution as Unconstitutional!

Unconstitutional - invalid; against the Constitution

See Handout

Sources of LawSource #4

Court Decisions

Court Law is sometimes called case law.

Courts make laws in 3 ways:-Common law tradition-By interpreting statues (laws)-- By judicial review

A judge cannot interpret a statute unless that statute is involved in a dispute between 2 parties in a lawsuit before them.

The Supreme Court has final authority regarding the constitutionality of all laws.

Sources of LawSource #5

Administrative Law

A power given by the Legislative Branch to an administrative agency with knowledge over certain fields of business or departments.

Also called Regulatory agencies

-Ex: FCC (Federal Communications Commission)-Ex: FBI (Fed. Bureau of Investigations-Ex: EPA (Environmental Protection Agency)-EX: FDA (Food & Drug Administration)-Ex: Homeland Security Department

Checks & Balances still exist!!